(a) Wastewater Discharge. It shall be unlawful for a significant industrial user to discharge sewage, industrial wastes or other wastes without a permit issued by the City to any sewer within the jurisdiction of the City and/or to the treatment facility.
(b) Wastewater Discharge Permits.
(1) General permits. All significant industrial users proposing to connect to or to contribute to the City's wastewater collection and treatment facilities shall obtain a wastewater contribution permit before connecting to or contributing to the City's wastewater collection and treatment facilities. All existing significant industrial users connected to or contributing to the City's wastewater collection and treatment facilities shall obtain a wastewater contribution permit within 180 days after the effective date of these regulations. The Public Works & Utilities Director may exempt selected classes of users from this requirement for two years following the effective date of these regulations.
(2) Permit application.
A. Users required to obtain a wastewater contribution permit shall complete and file with the City's Public Works & Utilities Director an application in the form prescribed by the Public Works & Utilities Director, and accompanied by a fee of three thousand dollars ($3,000). Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of these regulations, and proposed new sources shall apply at least 90 days prior to connecting to or contributing to the City's wastewater collection and treatment facilities. Proper completion of the wastewater contribution permit application may require the following information:
1. Disclosure of name, address, and location of user;
2. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Disclosure of wastewater constituents and characteristics, including, but not limited to, those mentioned in these regulations, including Appendix A, as appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 C.F.R., Part 136, as amended;
4. Disclosure of time and duration of discharges;
5. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or non-feasibility;
6. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
7. Description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or works of the City, including a sketch-level diagram of all proposed or existing pretreatment facilities, showing flow arrows and the location of all sampling points;
8. Disclosure of the nature and concentration of any pollutants or materials prohibited by these regulations in the discharge, together with a statement regarding whether or not compliance is being achieved with these regulations on a consistent basis, and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the user to comply with these regulations;
9. Where additional pretreatment and/or operation and maintenance activities will be required to comply with these regulations, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
a. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of these regulations including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with these regulations.
b. Under no circumstance shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
c. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
10. Disclosure of each product produced by type, amount, process and processes and rate of production;
11. Disclosure of the type and amount of raw materials utilized (average and maximum per day).
B. All permit applications for new or modified permits shall be signed by a principal executive officer of the user, and a qualified engineer, and all renewal applications for existing permits shall be signed by a principal executive officer of the user.
C. The Public Works & Utilities Director shall evaluate the adequacy of data furnished in the application form. If insufficient data have been furnished, the Director will notify the user to provide additional data within a specified time. After acceptance of data, the Director will issue the permit. The Director may stipulate special conditions and terms upon which the permit may be issued.
D. The Director may deny any permit application for any new user or for increased contributions from an existing user.
(3) Permit conditions. Granting of permits may require the following conditions:
A. Limits on rate, time and characteristics of discharge or requirements for flow regulation and equalization.
B. Installation and inspection, flow measurements and sampling facilities, including access to such facilities.
C. Specifications for a monitoring program which may include flow measurement, sampling, chemical and biological tests, recording of data, and reporting schedule. Costs for conducting the monitoring program would be the responsibility of the user.
D. Pretreatment requirements and a schedule for implementation, including schedules for reporting progress towards meeting these requirements.
E. Submission of discharge reports.
F. Schedule for the payment of industrial cost recoveries as required under § 204 of the Act.
G. Special service charges or fees.
H. Prompt notification in the form of a letter written to the Public Works & Utilities Director in advance of any substantial change in volume, concentration or nature of discharge.
I. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
J. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
K. Any applicant, whose current discharge or discharges in the last 24 months have the supplementary limits established by the ordinance or by the Ohio EPA-approved local limits in effect at the time of the discharge as set forth in § 1041.03(b)(5) of this chapter shall as a condition to its permit be required to enter into a Special Agreement for a Mercury Pollution Minimization Plan (PMP) consisting of three elements:
1. A Proposed Plan of Study (POS) for systematically locating, identifying and reducing the sources of mercury.
2. A proposed monitoring plan for periodic sampling and analysis of potential mercury sources and the level of mercury discharged to the collection system, designed to measure the success of the PMP.
3. Annual reporting to the City by January 15th so that the City can include the information as part of its annual pretreatment report to the Ohio EPA.
Pursuant to § 1041.08, significant industrial users that propose to enter into a Special Agreement with the City for a Mercury PMP in lieu of meeting numeric mercury local limits shall submit an application to the City that includes a proposed PMP that contains a POS, monitoring plan, and annual reporting consistent with this section and the referenced guidance from Ohio EPA and U.S. EPA. A Special Agreement for a Mercury PMP that is approved by the City shall be incorporated into the industrial user's permit and made an enforceable term of the modified permit.
An industrial user's Special Agreement for a Mercury PMP may be terminated by the City if (1) the City determines that the industrial user is not complying with the PMP, or is not making reasonable further progress toward reduction of mercury discharges to the City's collection system, or (2) the Mercury PMP is no longer necessary because the City has determined that it can meet an annual average mercury effluent limit of 12 ng/l for the City's treatment plant. A Special Agreement for a Mercury PMP may also be renewed or extended for additional two-year periods if requested by the industrial user and the City determines that despite reasonable progress under the PMP additional time is needed to identify mercury sources and or take additional measures in response to identify mercury sources.
L. Other conditions as deemed appropriate by the City to ensure compliance with these regulations and with applicable requirements of Federal or State law.
(4) Permit modifications. The Control Authority may modify any user's wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
B. To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the collection system, the public, POTW performance, City personnel, or the receiving waters;
E. Violation of any terms or conditions of the individual wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in a required reporting;
G. Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40C.F.R. 403.13;
H. To correct typographical or other errors in the individual wastewater discharge permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or operator.
(5) Permit duration. Permits shall be issued for a specified period of time, not to exceed two years. The user shall apply for a permit re-issuance a minimum of 60 days before expiration, or whenever the conditions of discharge change.
(6) Limitations on permit transfer. Wastewater contribution permits are issued to a specific user for a specific operation and are not assignable to another user without prior written approval of the City, or transferable to any other location.
(7) Effluent limits. Effluent limits are based on applicable general Pretreatment Standards in 40 C.F.R. Part 403, Categorical Pretreatment Standards, local limits, Best Management Practices and State and local law;
(c) Reporting Requirement for Permittee.
(1) New source compliance deadline. New sources shall install, calibrate and have in acceptable operating condition and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge waste into the City's wastewater collection and treatment facilities. Within the shortest feasible time, not to exceed 90 days, new sources must meet all applicable pretreatment standards set forth in 40 C.F.R. 403.6(b).
(2) Baseline monitoring report.
A. Within either 180 days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 C.F.R. 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Control Authority a report which contains the information listed in paragraph B, below. At least 90 days prior to commencement of discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall be submit to the Control Authority a report which contains the information listed in divisions B.1 through B.8. below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of the information requested in divisions B.5. and B.6. below.
B. Users described in division A. above shall submit the information set forth below:
1. Identifying information. The name and address of the facility including the name of the operator and owners;
2. Permits. A list of any environmental control permits held by or for the facility;
3. Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
4. The location for monitoring all wastes covered by the permit.
5. Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 C.F.R. 403.6(e). (See division 6.e. below.) The Control Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
6. Measurement of pollutants.
a. The Categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for existing sources.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Control Authority, of regulated pollutants in the discharge from each regulated process.
c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in division e. below. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Control Authority or the applicable standards to determine compliance with the standard.
e. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division e. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of C.F.R. 40 Part 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with C.F.R. 40 Part 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority.
f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the 40 C.F.R. part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
g. The Control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
h. The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW;
i. For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Control Authority may authorize a lower minimum. For other required reporting and assessment of compliance, the Control Authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable Pretreatment Standards and Requirements;
j. All users reports must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Control Authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable Pretreatment Standards and Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the Discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 C.F.R. part 136 and appropriate EPA guidance, multiple grab samples collected during a 24- hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, as appropriate.
7. Certification. A statement, reviewed by an authorized representative of the industrial user (as defined in § 1041.02) and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional Pretreatment is required for the industrial user to meet the Pretreatment Standards and Requirements.
8. Compliance schedule. If additional pretreatment technology and/or O and M will be required to meet the Pretreatment Standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
a. Where the industrial user's categorical Pretreatment Standard has been modified by a removal allowance (40 C.F.R. 403.7), the combined wastestream formula (40 C.F.R. 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. 403.13) at the time the user submits the report required by division B. above, the information required by divisions B.6. and B.7. above of this section shall pertain to the modified limits.
b. If the categorical Pretreatment Standard is modified by a removal allowance (40 C.F.R. 403.7), the combined wastestream formula (40 C..F.R. 403.6(e)), and/or a Fundamentally Different Factors variance (40 C.F.R. 403.13) after the user submits the report required by division B. above of this section, any necessary amendments to the information requested by divisions b.6. and b.7. above of this section shall be submitted by the user to the Control Authority within 60 days after the modified limit is approved.
(3) Periodic compliance reports.
A. Any industrial user subject to a Categorical Pretreatment Standard after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Control Authority during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Control Authority or the Approval Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical Pretreatment Standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period. The Control Authority may, at its discretion, require more detailed reporting of flows. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the user shall submit documentation required by the Control Authority or the Pretreatment Standard necessary to determine the compliance status of the user. At the discretion of the Control Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Control Authority may modify the months during which the above reports are to be submitted.
B. Reporting requirements for industrial users not subject to categorical Pretreatment Standards. The Control Authority must require appropriate reporting from those industrial users with discharges that are not subject to categorical Pretreatment Standards. Significant Non-categorical Industrial Users must submit to the Control Authority at least once every six months (on dates specified by the Control Authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the Control Authority. In cases where a local limit requires compliance with a Best Management Practice or pollution prevention alternative, the user must submit documentation required by the Control Authority to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 C.F.R. part 136 and amendments thereto. This sampling and analysis may be performed by the Control Authority in lieu of the significant non-categorical industrial user. If a user subject to the reporting requirements of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Control Authority, the results of this monitoring shall be included in the report.
C. 1. If the results of periodic monitoring indicate noncompliance with any pollutant limit stipulated in the industrial user's discharge permit, or where such limits or permits do not exist, or where monitoring results exceed Federal categorical or local limits, the industrial user shall notify the Public Works & Utilities Director in writing within 24 hours of becoming aware of this nonconforming discharge. The industrial user must then repeat the sampling and analysis and submit the results to the City within 45 days, unless the City samples the industrial user's discharge. If this re- sampling indicates continued noncompliance, then the industrial user shall continue weekly sampling until such time that the results of two repeat samplings indicate a return to compliance status. Results of all such re-sampling must be received by the City within 45 days following such re-sampling. If the City conducts monitoring and becomes aware of a permit violation or parameter exceedance, the City will either conduct the resampling within 30 days or will require the industrial user to resample as described below.
2. Re-sampling, as described above, may also be ordered when the City, as a result of its own sampling efforts, discovers a violation of discharge limits. The City will notify the industrial user of a violation and provide a re-sampling schedule to the industry as part of this notification.
3. The re-sampling, as described in this division, is not required of any industry monitored on a daily basis by the City.
(4) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 1041.05(c)(2)B.8.:
A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).
B. No increment referred to above shall exceed nine months.
C. The user shall submit a progress report to the Director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
D. In no event shall more than nine months elapse between such progress reports to Director.
(5) Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in § 1041.05(c)(2)B.5. and 6. above. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 1041.03(b)(1) of this chapter, shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 1041.07 of this chapter.
(6) Reports of potential problems.
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify POTW of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
B. Within five days following such discharge, the user shall, unless waived by the Public Works & Utilities Director or their designee, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
C. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (6)A., above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
D. Significant industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.
(d) Monitoring Facilities.
(1) Each industrial user shall provide and operate, at the user's expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the user's premises, except where such a location would be impractical or cause undue hardship on the user, in which case the City may concur with the facility being constructed in the public street or sidewalk area, provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
(2) There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) All monitoring facilities shall be constructed and maintained in accordance with the applicable local construction standards and specifications.
(4) Record keeping requirements. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored (including the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with 40 C.F.R. § 403.12(e)(2), or a specific waived pollutant in the case of an individual control mechanism), sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 C.F.R part 403, categorical pretreatment standards, local limits, and state and local law. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Public Works & Utilities Director.
(e) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Public Works & Utilities Director, their designee or other parties approved by EPA.
(f) Sample Collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) The reports required in this section must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Control Authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 C.F.R. part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, as appropriate.
(2) For sampling required in support of baseline monitoring and 90-day compliance reports required in divisions (b) and (d) of this section, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Control Authority may authorize a lower minimum. For the reports required by divisions (b) through (g) of this section, the Control Authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(g) Right of Entry for Inspection, Sampling and Records Examination. The City may inspect all facilities of all users, including process/manufacturing operations, pretreatment systems and discharge monitoring facilities to determine compliance with the requirements of these regulations. The user shall allow the City or its representatives, upon presentation of credentials of identification, to enter upon the premises of the user on a 24 hour/7 day basis, for the purposes of inspection, sampling, records examination, records copying and the performance of any additional duties deemed appropriate by the City’s representative. Should the City’s representative discover a significant permit violation that may threaten the public, the collection system or the performance of the POTW, the City's representative shall have the authority to immediately order the user to terminate discharge to the City's sewerage system. The City shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The City may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment, upon approval by the City, shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated monthly to ensure their accuracy. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the verbal order of the City’s representative. The cost of clearing and maintaining safe access shall be borne by the user. Unreasonable delays in allowing the City’s representative access to the user’s premises shall be a violation of this chapter and may result in immediate termination of service.
(h) Confidential Information. Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information will divulge information or processor methods of production entitled to protection as trade secrets or proprietary information of the user. When requested by a user furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to these regulations, the NPDES permit, the State disposal system permit and/or the pretreatment programs, provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the user in furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the user.
(i) Submittal of SIU List. The City shall submit a list of all SIUs to the Ohio EPA, indicating in which criteria the industrial user meets the SIU definition. The City must also indicate all non- categorical significant industrial users it proposes to de-list.
(j) Industrial User Notification. The City must notify significant industrial users of their status and applicable requirements within 30 days of Ohio EPA approval.
(k) Notification Requirements of Permittee. All industrial users shall promptly notify the Public Works & Utilities Director in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 C.F.R. 403.12(p).
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)